While most Democrats voted for Rosenstein, Senator Richard Blumenthal of Connecticut opposed the nominee because he didn’t commit during the confirmation process to appoint a special counsel. Blumenthal told reporters on Tuesday that the need to do so is all the more apparent after new revelations that Trump’s former National Security Adviser, Michael Flynn, may have violated U.S. law by failing to disclose his business dealings with Russia and Turkey.

‘Powerful Reminder’

"It is a very powerful reminder that there’s mounting evidence of criminal wrongdoing in connection with Russian meddling and potential collusion between Trump associates and Russian wrongdoing," Blumenthal said. "And the case for an independent special prosecutor is simply undeniable at this point.”

Rosenstein’s only public comment on the matter came during his confirmation hearing in March, when he said he’ll wait to make a decision until after he’s confirmed and is fully briefed on the investigation.

Rosenstein will be guided by a 1999 federal regulation in deciding whether to turn over the politically sensitive inquiry to a special counsel.

According to the regulation, a special counsel should be appointed when it’s determined that an investigation or prosecution by a U.S. attorney’s office or division of the Justice Department "would present a conflict of interest for the Department or other extraordinary circumstances" and that "under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter."

A person named as special counsel "shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies," the regulation states. "The Special Counsel shall be selected from outside the United States Government."

Top Democrats, including Senate Democratic Leader Charles Schumer of New York and Richard Durbin of Illinois, voted to confirm Rosenstein even though they, too, want a special counsel.

If he doesn’t appoint a special counsel, Durbin said, responsibility will fall squarely on Rosenstein. "I hope he’ll be willing to speak truth to power and stand up to the president and the attorney general as necessary," Durbin said.

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